Namefi Registration Agreement (Draft)

DRAFT, Last revised: 2024-09-04

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. Definitions

   • "Registrar" refers to Namefi (D3Serve Labs Inc.), an ICANN-accredited domain name registrar.
   • "Registrant" refers to the individual or entity registering a domain name through Namefi.
   • "Agreement" refers to this document outlining the terms and conditions governing the relationship between Registrar and Registrant.
   • "ICANN" refers to the Internet Corporation for Assigned Names and Numbers.

2. Obligations of the Registrant

2.1 Accuracy of Information [RAA 3.7.7.1]: Registrant agrees to provide accurate and reliable contact details and to promptly update them within seven (7) days of any change during the term of the domain name registration. These details include: a) Full name b) Postal address c) Email address d) Voice telephone number (if available) e) Fax number (if available)

2.2 Consequences of Inaccurate Information [RAA 3.7.7.2]: The Registrant acknowledges that: a) Willful provision of inaccurate or unreliable information, b) Willful failure to update information provided to Registrar within 7 days of any change, or c) Failure to respond for over fifteen (15) calendar days to Registrar's inquiries concerning the accuracy of contact details, shall constitute a material breach of this Agreement and be a basis for suspension and/or cancellation of the domain name registration.

2.3 Use of Registered Name [RAA 3.7.7.3]: Registrant agrees that the use of any domain name registered to it will not interfere with the rights of any third party and that the domain name will not be used in connection with any illegal activity.

2.4 Infringement and Legal Violations [RAA 3.7.7.4]: Registrant agrees that the registration of the domain name shall not infringe upon the legal rights of any third party, including but not limited to, rights under trademark law, copyright law, and any other applicable law.

2.5 Indemnification [RAA 3.7.7.9]: Registrant agrees to defend, indemnify, and hold harmless Registrar, ICANN, and their respective contractors, agents, employees, officers, directors, shareholders, and affiliates from and against any claim, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registrant's domain name registration and use.

2.6 Dispute Resolution [RAA 3.7.7.12]: Registrant agrees to submit to proceedings commenced under the following ICANN dispute resolution policies: a) Uniform Domain Name Dispute Resolution Policy (UDRP) https://www.icann.org/resources/pages/policy-2012-02-25-en b) Uniform Rapid Suspension (URS) system https://www.icann.org/resources/pages/urs-2014-01-09-en c) Any other policy or procedure adopted by ICANN for domain name dispute resolution.

3. RDDS (WHOIS) Accuracy [RDDS Accuracy Program Specification]: The Registrant agrees to maintain accurate and up-to-date registration data, and acknowledges that Registrar may periodically verify and validate this information as per the RDDS Accuracy Program Specification: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#whois-accuracy

4. Expiration and Renewal [Expired Registration Recovery Policy]: The Registrant acknowledges that they have read and understand the domain name expiration and renewal process, including the potential for domain deletion if not renewed. Registrar will provide notices as required by the Expired Registration Recovery Policy: https://www.icann.org/resources/pages/errp-2013-02-28-en

5. Term and Termination

5.1 Term: This Agreement shall remain in effect for the period of the domain name registration, unless terminated earlier in accordance with this Agreement.

5.2 Termination: The Registrar may terminate this Agreement if the Registrant fails to comply with any terms of this Agreement, including but not limited to, the failure to provide accurate information or the misuse of the domain name.

6. Agreement Modification Registrar reserves the right to modify this Agreement at any time at its sole discretion, to the extent allowed by law and ICANN Accreditation. Registrant agrees to comply with any changes within thirty (30) days of notice, which may be provided via email to the contact information on record or publication on Registrar website. Registrant's continued use of the domain name after such modifications shall constitute acceptance of the modified terms.

7. Limitation of Liability To the fullest extent permitted by applicable law, Registrar shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use any domain name registration services or arising out of or in connection with this Agreement, even if Registrar has been advised of the possibility of such damages.

8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Registrar is located, without regard to its conflict of law principles.

9. Force Majeure Registrar shall not be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of Registrar.

10. Severability If any provision of this Agreement is held to be unenforceable or invalid, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11. Entire Agreement This Agreement constitutes the entire understanding between the Registrar and the Registrant and supersedes all prior agreements, understandings, and representations, whether oral or written.

By registering or renewing a domain name with Namefi, the Registrant acknowledges that they have read, understood, and agree to be bound by this Agreement and all applicable ICANN policies, including but not limited to:

• Registrar Accreditation Agreement (RAA): https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
• Transfer Policy: https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
• Whois Data Reminder Policy: https://www.icann.org/resources/pages/registrars/consensus-policies/wdrp-en
• Privacy and Proxy Services information (if offered): https://www.icann.org/resources/pages/privacy-proxy-registration-2017-12-01-en
• UDRP information and procedures: https://www.icann.org/resources/pages/help/dndr/udrp-en
• URS information and procedures: https://www.icann.org/resources/pages/urs-2014-01-09-en
• Transfer Policy information and procedures: https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
• Registrants' Benefits and Responsibilities: https://www.icann.org/resources/pages/benefits-2013-09-16-en
• Whois Data Reminder Policy procedures: https://www.icann.org/resources/pages/wdrp-2012-02-25-en
• RDDS Accuracy Program information and procedures: https://www.icann.org/resources/pages/wdprs-specification-2017-02-01-en
• Expired Registration Recovery Policy: https://www.icann.org/resources/pages/errp-2013-02-28-en
• Data retention policies: https://www.icann.org/resources/pages/data-retention-2017-12-04-en

Appendix

Namefi Pricing

To be added after we start operating as an ICANN accredited registrar.

Namefi Abuse Reporting Procedures

Abuse Contact Information (RAA 3.18.1)

• Email: abuse@namefi.io
• Web Form: https://namefi.io/abuse

Abuse Reporting Process

1. Submit a report via email, web form
2. Namefi will provide confirmation of receipt (RAA 3.18.1).
3. For reports of Illegal Activity from designated authorities, Namefi will review within 24 hours (RAA 3.18.3).
4. Namefi will take appropriate action based on the type and severity of the reported abuse.

Types of Abuse Handled

• DNS Abuse: malware, botnets, phishing, pharming, and spam (when used as a delivery mechanism for the other forms of DNS Abuse) (RAA 3.18.1)
• Illegal Activity: As reported by law enforcement, consumer protection, quasi-governmental or other similar authorities (RAA 3.18.3)

Namefi will maintain records of abuse reports and actions taken for the shorter of two (2) years or the longest period permitted by applicable law (RAA 3.18.4).

Namefi Deletion and Auto-Renewal Policy

Domain Expiration (RAA 3.7.5.5)

1. Namefi will provide at least two notices to the Registered Name Holder prior to expiration.
2. The first notice will be sent approximately one month prior to expiration.
3. The second notice will be sent approximately one week prior to expiration.

Renewal Process

1. If the domain is not renewed by the expiration date, it will enter a grace period.
2. During the grace period, the domain can be renewed at the standard renewal fee.
3. After the grace period, if applicable, the domain may enter a Redemption Grace Period where it can be restored for an additional fee.

Auto-Renewal

1. Domains set for auto-renewal will be automatically renewed at expiration if the account has sufficient funds.
2. Auto-renewed domains can be deleted within a specified period for a full refund.

Fees

• Standard Renewal Fee, Late Renewal Fee (if applicable) and Redemption Fee (if applicable): please see Namefi Pricing docs on https://namefi.io

Namefi Customer Service Dispute Resolution Processes (RAA 3.7.11)

Submitting a Complaint

1. Email: support@namefi.io
2. Web Form: https://namefi.io/support

Dispute Resolution Process

1. Initial Review (1-2 business days)
   • Support team reviews the complaint and gathers necessary information.
2. Investigation (2-5 business days)
   • Support team investigates the issue, consulting with relevant departments if needed.
3. Resolution Proposal (1-2 business days)
   • Support team proposes a resolution to the customer.
4. Customer Feedback (5 business days)
   • Customer reviews the proposed resolution and provides feedback.
5. Implementation or Escalation
   • If the customer accepts, the resolution is implemented.
   • If not satisfied, the issue is escalated to management.
6. Final Resolution (5 business days)
   • Management reviews escalated issues and provides a final decision.

Appeals Process

• Customers may submit an appeal within 30 days of the final resolution.
• Appeals will be reviewed by senior management within 10 business days.

Namefi will maintain records of all complaints and resolutions for at least two years (RAA 3.4.2).

Namefi Data Processing Notices (RAA Section 3.7.7.4)

Namefi provides the following notice to each new or renewed Registered Name Holder:

1. Purpose of Data Collection:

   • To register and manage domain names
   • To comply with ICANN and registry requirements
   • To provide domain-related services

2. Recipients of Data:

   • ICANN
   • Registry Operators
   • Escrow providers
   • Law enforcement (when required by law)

3. Data Elements:

   • Mandatory: Name, postal address, email, phone number, domain name, nameservers
   • Optional: Fax number (if provided)

4. Access and Rectification:

   • You may access and rectify your data through your account portal at https://account.namefi.io
   • For assistance, contact support@namefi.io

By registering or renewing a domain name with Namefi, you consent to this data processing as required by RAA Section 3.7.7.5.

Namefi Zone File Access Policy (RAA Section 3.6)

Namefi complies with RAA Section 3.6 by adhering to the following:

1. Zone File Access:

   • Namefi does not directly provide zone file access
   • Access to zone files is managed by the respective gTLD Registry Operators

2. Data Submission:

   • Namefi submits domain registration data to the appropriate Registry Operator for inclusion in the zone file (RAA 3.2.1)

3. Data Escrow:

   • Namefi escrows registration data with an ICANN-approved escrow agent (RAA 3.6)
   • Escrow deposits are made daily
   • Data is held under an agreement specifying release conditions as per RAA 3.6

4. Registrant Notification:

   • Registrants are informed that their registration data may be escrowed and released under specified conditions through our Registration Agreement

For zone file access requests, please contact the respective gTLD Registry Operator.

Namefi Procedures for Handling Domain Name Disputes (RAA Section 3.8)

Namefi implements the following procedures for domain name disputes:

1. Uniform Domain-Name Dispute-Resolution Policy (UDRP):

   • Namefi will implement UDRP decisions within 10 business days of notification (UDRP Paragraph 4(k))
   • During a UDRP proceeding, Namefi will prevent changes to registrant information (UDRP Rules, Paragraph 4(b))

2. Uniform Rapid Suspension (URS):

   • Namefi will lock a domain within 24 hours of receiving a URS Notice of Complaint (URS Procedure 4.1)
   • If suspension is ordered, Namefi will implement it immediately upon receiving the determination (URS Procedure 10.2)

3. Court Orders:

   • Namefi will comply with any court orders received regarding domain name disputes (RAA 3.7.7.11)

4. Expiring Domains Under Dispute:

   • If a disputed domain expires during UDRP proceedings, the complainant may renew or restore the name under the same commercial terms as the registrant (RAA 3.7.5.7)

For more information on dispute procedures, visit https://www.icann.org/resources/pages/dndr-2012-02-25-en

Namefi Expiration and Renewal Notices Procedures (RAA Section 3.7.5.4-5)

Namefi implements the following procedures for expiration and renewal notices:

1. Expiration Notices (RAA 3.7.5.4):

   • First notice: Sent approximately 30 days before expiration
   • Second notice: Sent approximately 7 days before expiration
   • Notices are sent to the Registered Name Holder's email address

2. Renewal Reminder (RAA 3.7.5.5):

   • If not renewed by expiration date, a final renewal reminder is sent within 5 days after expiration

3. Notice Content:

   • Clear indication that the domain will expire if not renewed
   • Instructions for renewal
   • Consequences of non-renewal (e.g., domain suspension, potential loss)

4. Renewal Grace Period:

   • Registrants may renew expired domains for a specified period after expiration
   • The exact duration of this period is subject to registry policies

5. Post-Expiration Renewal Fees:

   • Any difference between pre-expiration and post-expiration renewal fees is clearly disclosed on our website at https://namefi.io/renewal-fees

6. Renewal Policy Updates:

   • Any material changes to our renewal policy will be communicated to registrants at least as prominently as we inform them of other material changes to our registration agreement (RAA 3.7.5.5)

For detailed renewal terms, please review our full Renewal Policy at https://namefi.io/renewal-policy

Other

• Data Processing Notices (RAA Section 3.7.7.4): https://namefi.io/data-processing

• Zone file access policy (RAA Section 3.6): https://namefi.io/zone-file-access

• Procedures for handling domain name disputes (RAA Section 3.8): https://namefi.io/domain-disputes

• Expiration and renewal notices procedures (RAA Section 3.7.5.4-5): https://namefi.io/expiration-renewal

• Domain hijacking prevention policy (RAA Section 3.7.7): https://namefi.io/hijacking-prevention

• Procedure for handling court orders (RAA Section 3.7.7.11): https://namefi.io/court-orders

• Reseller compliance policy (if applicable) (RAA Section 3.12): https://namefi.io/reseller-compliance

• Business continuity and disaster recovery plans: https://namefi.io/business-continuity